Jalla & Ors v Royal Dutch Shell Plc & Ors

Jalla & Ors v Royal Dutch Shell Plc & Ors

Strikeout application not entertained at hearing due to insufficient notice and fairness concerns; permission to appeal on continuing nuisance refused as principles are clear; case management directions issued for further pleadings and evidence on accrual of causes of action; declaratory orders agreed; information on legal representation and funding to be provided; costs reserved except RDS costs after discontinuance subject to assessment.

Parties
Claimant: Harrison Jalla and Others; Defendant: Royal Dutch Shell PLC; Defendant: Shell International Trading and Shipping Company Limited; Defendant: Shell Nigeria Exploration and Production Company Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2020
Procedural Posture
Civil / Post Judgment Consequential Hearing
Outcome
Strikeout application adjourned; permission to appeal refused; case management directions issued; declaratory orders made; information to be provided; costs reserved except RDS costs after discontinuance.
Legal Topics
Limitation Periods, Representative Actions, Continuing Nuisance, Case Management, Costs
Civil Procedure Environmental Law Tort Law Limitation Periods Representative Actions Continuing Nuisance Case Management Costs

Case Brief

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Parties

Harrison Jalla and Others

Claimant

Royal Dutch Shell PLC

Defendant

Shell International Trading and Shipping Company Limited

Defendant

Shell Nigeria Exploration and Production Company Limited

Defendant

Procedural Posture

Civil / Post Judgment Consequential Hearing

Legal Issues

  1. 1 Whether proceedings should be struck out as a consequence of the Main Judgment
  2. 2 Applicability of continuing nuisance to limitation
  3. 3 Proper constitution of representative action under CPR 19.6

Ratio Decidendi

Strikeout application not entertained at hearing due to insufficient notice and fairness concerns; permission to appeal on continuing nuisance refused as principles are clear; case management directions issued for further pleadings and evidence on accrual of causes of action; declaratory orders agreed; information on legal representation and funding to be provided; costs reserved except RDS costs after discontinuance subject to assessment.

Court Disposition

Strikeout application adjourned; permission to appeal refused; case management directions issued; declaratory orders made; information to be provided; costs reserved except RDS costs after discontinuance.

Orders

  • Defendants to provide draft Notice of Application for strikeout by 27 March 2020.
  • Claimants to serve evidence and skeleton argument in response to strikeout by 20 April 2020.